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ChrisE8
Posts: 454
Posted:
I am told that in New York City, property managers set up and control the HOA's bank account, with board members maybe, but not necessarily, given access to the bank account. I am also told that in New York City, property managers write checks, with only the property manager's signature, since otherwise board members could hold up delivering checks on time.

That seems completely crazy and an invitation for HOAs to be defrauded. Is that things work in your HOA, and is that truly how things work in New York City? (New York City has a lot of "rules" that don't apply elsewhere in the country, but those "rules" often seem like nothing but justifications for scams and bad customer service.)

Why would a property manager object to a HOA setting up its own bank account and giving the property manager access as needed?

Why would a property manager object to a HOA requiring board members to sign checks (either by themselves or also with the property manager's signature)?

Thanks.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Yes, we did it this way.

* We have a full-service property manager that was thoroughly vetted before we hired them. One of the skills they bring to the table is money management in addition to a track record of reliability.

* The board receives copies of the financials each month. Their job is to understand what's going on and ask questions if something doesn't make sense. The buck always stops with them.

* Why property managers handle the money:
- single point of contact for vendors.
- they have the software that handles this stuff, whereas boards often rely on paper checks.
- they have the skills, whereas board members often don't.
- it's their 9-5 job, whereas for board members it's often something they do in their spare time - things are more likely to be done promptly and not fall through the cracks if the PM handles it.

* The books are audited regularly by an independent firm. We also carry enough fidelity insurance in the event that somebody gets sticky fingers.

* Board members are no more likely to be honest or dishonest than professionals. Relying on Good Ol' Joe down the street to keep your books can provide a false sense of security.

* You tend to hear about PMs who embezzle big bucks, but you're less likely to hear about the smaller cases where Good Ol' Joe walks away with a $100K. Doesn't mean the latter isn't happening. And your average homeowner tends to have a different idea of what constitutes "Big bucks" and what's worth risking a felony conviction over.

ChrisE8
Posts: 454
Posted:
CathyA3, thanks- very helpful.

So it makes sense for the PM to handle day-to-day finances.

Why would a PM want to be the one who sets up the HOA's bank account? It seems like a HOA could set up its own bank account, which is a separate issue from letting a PM run day-to-day finances.

In the specific situation I'm dealing with, a PM wants to be the one to set up the bank account and the PM wants to be able to keep the bank account for a period after the PM agreement ends. That just seems a way to lock the HOA into doing business with the PM, and never being able to change. It seems to me that the HOA should be the one to set up its own bank account and it could just add the PM as an authorized signatory.

Thanks again.
CathyA3 (Ohio)
Posts: 6,299
Posted:
For what it's worth...

The only time I (board pres) set up an account was when we were shopping around for another bank to move our reserves into. I did the legwork because I spent part of my career in the investment world, so I know this stuff.

As far as I can recall, the developers of the condo communities I've lived in set up the bank accounts initially and then transferred them to the first PM company. When the communities changed management companies, the incoming and outgoing PMs worked with each other to transfer accounts (we changed banks at that point as well and the new PM set up the accounts). It makes sense to leave the old account open for some time to allow checks to clear, interest to be credited, and the like. I'd question a year, but a few months sounds reasonable to me. (Come to think of it, we still have a few bucks lingering at an old bank, but it's under the association's name and appears on the monthly financial statements, so not that big a deal.)

The association's name should always appear somewhere on the account. As far as I know, most associations use a bank lockbox system to receive assessment payments. The OCR code at the bottom of the coupon books will have the correct account codes so that the money goes where it belongs. Those who use their own banks' bill payment systems also include the account numbers.

I think that the best advice for dealing with a management company is "trust but verify". Hire a good one with good references (and check the references!). You may need to pay more for their services, but you get what you pay for. Then the board members should check the monthly financial statements (all board members, not just the treasurer). Question anything you don't understand. Audit regularly. And keep your ears peeled for any scuttlebutt - it may be nothing, but then again it may be something.

As I said previously, putting your finances in the hands of a neighbor can provide a false sense of security. You're more likely to trust the guy you chat with regularly and possibly overlook something that would have caught your eye if you'd been checking the work of a stranger.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Forgot to mention: your CC&Rs will likely require the association to carry fidelity (employee dishonesty) insurance, and the amount will be based on bow much money your association has. Our minimum required is the greater of: 1) a year's worth of assessments; 2) the annual budget; or 3) the total amount in the reserve accounts.

Embezzlement won't bankrupt the association if you're properly insured. Ask your board for a copy of the annual certificate of insurance to see what your association is carrying.

And boy, am I glad you asked this question! I just checked our insurance coverage, and our fool of a board has dropped our fidelity insurance. We're also not carrying workers comp and they've started to use volunteers. Guess I'm going to be raising h3ll this afternoon....

See, this is what happens when a board's main goal is to cut expenses rather than making smart financial choices.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By ChrisE8 on 12/19/2020 4:47 AM
I am told that in New York City, property managers set up and control the HOA's bank account, with board members maybe, but not necessarily, given access to the bank account. I am also told that in New York City, property managers write checks, with only the property manager's signature, since otherwise board members could hold up delivering checks on time.

That seems completely crazy and an invitation for HOAs to be defrauded. Is that things work in your HOA, and is that truly how things work in New York City? (New York City has a lot of "rules" that don't apply elsewhere in the country, but those "rules" often seem like nothing but justifications for scams and bad customer service.)

Why would a property manager object to a HOA setting up its own bank account and giving the property manager access as needed?

Why would a property manager object to a HOA requiring board members to sign checks (either by themselves or also with the property manager's signature)?

Thanks.

Some HOA bylaws require that property managers control the primary access to financial accounts on behalf of the organization. Mine forbids board directors from directly accessing accounts or writing checks. We direct the property management on matters of expenses and back that relationship with an annual audit conducted by a third-party CPA.

The "invitation" to fraud is to give an HOA officer direct account access. The property management company exists to make money and while fraud is certainly possible, the odds are the company is a safer choice due to its business being completely ruined if there's financial theft. The HOA is in MUCH greater danger of bankrupting itself through giving local board directors control over the tangible issuance of checks where spending is the killer rather than thievery.

In this forum, over all these years, I've read a hundred posts about boards that "illegally" mismanage funds. It's not that so much illegal activity as it's incompetence.

That said, many HOAs have board officers that issue direct payments and cash access. I don't like it as it opens volunteer directors to baseless accusations.
KerryL1 (California)
Posts: 14,550
Posted:
Given the reference to bylaws, what do yours say, Chris? Can you cite directly any NYC codes or laws that regulate condos?

Is this the condo where you currently live? Or the one you're trying to sell? Is it a co-op?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By CathyA3 on 12/19/2020 5:50 AM
Yes, we did it this way.

* We have a full-service property manager that was thoroughly vetted before we hired them. One of the skills they bring to the table is money management in addition to a track record of reliability.

* The board receives copies of the financials each month. Their job is to understand what's going on and ask questions if something doesn't make sense. The buck always stops with them.

* Why property managers handle the money:
- single point of contact for vendors.
- they have the software that handles this stuff, whereas boards often rely on paper checks.
- they have the skills, whereas board members often don't.
- it's their 9-5 job, whereas for board members it's often something they do in their spare time - things are more likely to be done promptly and not fall through the cracks if the PM handles it.

* The books are audited regularly by an independent firm. We also carry enough fidelity insurance in the event that somebody gets sticky fingers.

* Board members are no more likely to be honest or dishonest than professionals. Relying on Good Ol' Joe down the street to keep your books can provide a false sense of security.

* You tend to hear about PMs who embezzle big bucks, but you're less likely to hear about the smaller cases where Good Ol' Joe walks away with a $100K. Doesn't mean the latter isn't happening. And your average homeowner tends to have a different idea of what constitutes "Big bucks" and what's worth risking a felony conviction over.


This is basically how we operate. Our PM does not have access to our two Reserve Bank Accounts. They can make deposits but no withdrawals. The Pres and Treasurer have access to those accounts. Our dues are paid to a bank lock box and the bank all money to our PM. The BOD can stop the bank from sending money to the PM who pays all the bills.

We get a 25 or so page Monthly Financial report sent to each BOD Member. Every penny in and out is accounted for. It is up to us how closely we read/analyze the report.

No matter what system one puts in place, cheaters cheat and they will find a way to cheat you.
JohnC77 (California)
Posts: 562
Posted:
With the OP being in NYC, it has appeared that things are done differently there. This is from posts from different residents from that city.

That being said, I can share how we do things. We just one bank from all HOA operating accounts, one that specializes in HOA's. I have a relationship manager that handles our accounts and when anything is needed it is always completed within one business. I also have a live person to speak to.

The accounts are setup as follows:

ABC Community HOA
C/O XYZ Management
Our Address
Our City, State, ZIP

The statements come to us and copies are always included with the monthly financials, which are 50-80 pages depending on the size of the association. Copies are also on the Web Portal (Board View) 24/7.

The Board will review all invoices and authorize payment at which time we will write the checks. Again, copies of invoices are included with monthly financials.

This applies only to operating accounts. Reserve accounts are set up and maintained by the association. All we ask is that the statements get forwarded to us. If that is not agreeable, we will not take on the client.

ChrisE8
Posts: 454
Posted:
Thanks-- this information is very helpful. I appreciate your responses.

NYC is basically one big scam. That's my view, and I live there.
BillH10 (Texas)
Posts: 1,217
Posted:
We follow the same processes as JohnC77, with some variations:

We will not take on a client which will not agree to change the operating accounts to the bank we use for our other clients for just the reasons cited by John. The bank has a dedicated association services organization, we have an assigned relationship manager, and we do not have to contend with process variations between banks X, Y, and Z.

We have no issue leaving the Reserve Funds where they are if there is a more attractive interest rate or there would be early termination penalties.

We handle all account opening details since we are familiar with the process and know how we wish to have the name on the account set up, as well as the account designations.

No member of the Board has other than Read Only access to Association accounts, both operating and reserve. I have never understood the point of restricting the PM from access to the reserve funds. Of course any reserve fund transfers to pay bills or for other reasons must have approval in advance.

We will not take on a client which requires two signatures on checks. I was treasurer of the first association in which I ever resided, in northern California. The President and other board member travelled extensively on business. Chasing 2 signatures drove the PM and me crazy until we convinced the other two members of the Board 2 signatures was not providing any additional account security.

We will not take on a client which insists on the use of petty cash funds or association credit cards. If the Social Committee must obtain something from Hobby Lobby, a member can use their own funds and apply for reimbursement.

ChrisE8
Posts: 454
Posted:
Thanks again; this is really helpful.

BillH10, if a HOA said that it would use your bank, and asked for specific details about how you wanted the accounts and said that it would open the accounts as you instruct, and was OK with one signature for checks (so that PM could write checks), but wanted board members also to be signatories on the account and wanted board members to have online access, would that be OK?
BarbaraT1 (Texas)
Posts: 821
Posted:
Quote:
Posted By ChrisE8 on 12/19/2020 12:44 PM
Thanks again; this is really helpful.

BillH10, if a HOA said that it would use your bank, and asked for specific details about how you wanted the accounts and said that it would open the accounts as you instruct, and was OK with one signature for checks (so that PM could write checks), but wanted board members also to be signatories on the account and wanted board members to have online access, would that be OK?

The biggest challenge with having board members be signatories on accounts is that board members change. There are some banks that just don’t want to deal with a revolving door of names coming off and on accounts.

It’s very common in HOAs all over the country to have the property management company manage the bank accounts and cut and sign checks.

Anecdotally, if you Google HOA embezzlement, it’s usually a board member not a manager.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I live in self managed associations.

The closest we have had to a PM for finances was a bookkeeper.
The bookkeeper would receive the payments, record the payments and make the deposits.

The accounts were in the name of the Association and the bookkeeper was NOT on the account (you don't have to be to make deposits).
Bank deposits were sent to the Associations PO box and given to the Treasurer
Checks were written by the treasurer and signed by two officers (yes only an internal control - as the bank doesn't care if there is one or two signatures).

I've heard of managed Associations allow the PM access to the operating funds but not the reserve funds (as a way to minimize risk).
BillH10 (Texas)
Posts: 1,217
Posted:
Chris

The process of opening accounts is conducted remotely, the forms are completed by hand and faxed to the bank's association management center or completed on a screen on a bank association services account management page. No one goes into a branch and sits down across a desk from a banker, the signature cards used when opening ordinary personal and business bank accounts are not completed.

If I were to grant access to the area of the bank's association management service to allow a board member to open an account, doing so would compromise our security and that of our other clients since all our clients are managed from that area. We do provide copies of the completed forms to members of the Board if they wish.

We always designate one Board member who will have access to the accounts in the event something were to happen and the Board must step in. This does not, however, provide access to the accounts for day-to-day transactions, movement of funds, etc. Were the Board member access to be required, the association services center or the relationship manager would have to become involved.

As I mentioned, we provide Read Only access to the Board if desired, they may log in at any time to review the accounts. They see the same page(s) we do, the functionality is disabled. They also receive copies of the statements monthly. We do not allow Board members to have operational access to the bank accounts for security reasons.

ChrisE8
Posts: 454
Posted:
Thanks again- most helpful!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By BillH10 on 12/20/2020 10:41 AM

No one goes into a branch and sits down across a desk from a banker, the signature cards used when opening ordinary personal and business bank accounts are not completed.


Our board goes in every year the make up of the board changes to change signature cards.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 12/20/2020 3:07 PM
Posted By BillH10 on 12/20/2020 10:41 AM

No one goes into a branch and sits down across a desk from a banker, the signature cards used when opening ordinary personal and business bank accounts are not completed.



Our board goes in every year the make up of the board changes to change signature cards.


Our HOA must personally go to the bank(s) where are Reserve Accounts are if we change Account Signers. The banks require both new and old there (could be 4 or us) at the same time. A real PIA. Fortunately we do not need to change year to year.
BillH10 (Texas)
Posts: 1,217
Posted:
Yes, I know other associations have other account access arrangements than we use. Those are their business decisions and I understand, but mostly do not agree, with the logic involved. I certainly will not argue the point. If I were managing an association the size of the master association in which we reside, 9,000+ homes with a nearly $8 million dollar operating budget, perhaps I would feel differently. I've never served on that Board, or been close enough to their operations to know who has access to what.

As I mentioned previously, the officers or board members of our clients are not signatories on the accounts so it is not necessary to execute new signature cards when officers or board members change. One of our clients had a board member change recently. I deleted the read-only account access for the outgoing member and established access for the new member sitting in my office. It was not necessary to make an appointment to go into a branch.

My wife and I have served on the Board, and as officers, of three associations in Texas in which we have resided. Board members and/or officers have not had access to the bank accounts in any of the three associations, other than read only access. When we established our management services business eleven years ago, we were advised to adopt the same philosophy with our clients. It is not that we do not wish for the board or officers to be able to look at the accounts any time they wish, they most certainly should have that capability if desired and it is provided.

Perhaps this is just a Texas 'thing. I served as treasurer of the HOA in which I resided in northern California; 23 years later I just do not recall the bank account access arrangements. As previously recounted, we had a two signature requirement on checks which drove everyone involved nuts as the other two board members, and I, all travelled heavily.

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